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Wednesday, August 23, 2017

Triple Talaq System banned in India

By on Wednesday, August 23, 2017

None Muslim men will be able to divorce by saying 'Talaq... talaq...talaq' since Tuesday after the Supreme Court verdict came over 'Triple Talaq' case filed by Muslim women in India. Supreme Court giving its verdict by its historical decision  has ended Talaq-e-Biddat.
Three of the five Judges constitutional bench have given this decision; while remaining two judges, saying to Union Government to formulate a law for the purpose, stayed over 'Triple Talaq' till then.
the apex court has dubbed this culture unacceptable, illegal and unconstitutional. the constitutional bench gave its verdict by 3:2 majority. Triple Talaq is against the vested gist in Quran, according to the verdict.
JS Khehar CJI and S Abdul Nazir CJI were in the favour to stay over 'Triple Talaq' for next 3 months and were in tenet that 
 The government would constitute a law for this purpose. the two judges have said in the verdict (short majority) that, if the union government fails to bring a law for the purpose within the 6 months, the stay order will continue.
  Kurian Josef J.,  RF Nariman J., and  UU Lalit J., three(majority) of the five judges bench, dubbed it -- this culture is violation of constitution. the verdict says:every such culture which is against the gist of quran is unacceptable.
all these three judges have said in their verdict that the talaq giving by the culture of ‘Triple Talaq’ is evidently selfishness. it is violation of constitution and this should be removed.
it is noticeable that the 5 judges bench was hearing this case. The  hearing was continue since past 6 days in the Apex court. The union government had file its affidavit in the court and had clarified it that it did not accept the culture of 'Triple Talaq'; and is not in the favour to continue it in future.
 It is noticeable that the 5 judges bench was hearing this case. The  hearing was continue since past 6 days in the Apex court. The union government had file its affidavit in the court and had clarified it that it did not accept the culture of 'Triple Talaq'; and is not in the favour to continue it in future
At the time of hearing, Attorney General Mukul Rohatgi, saying a painful culture to 'Triple Talaq system', had requested to Court to take step as a Guardian of Fundamental Rights.
the hearing in this case began after an appeal filed by Sayra Bano, Afrin Rahman, Gulshan Parveen, Ishrat Zahan and Atiya Sabri. all have filed the writ petition on the issue of Triple Talaq, Nikah Halala, and Bahu Vivah, but the court had said it would give its verdict mere over Triple Talaq.
Additional Solicitor General, Tushar Mehta, has contended side of Union Government in the SC.
All India Muslim Personal Law Board is respondent in this case. Senior Lawyer Kapil Sibal argued on behalf of respondent.
On behalf of All India Muslim Law Board, Kapil Sibal,defendent counsel,  has said: Triple Talaq system has been running since 1400 years. If birth of Ram in Ayodhya is the issue of faith, why not Triple Talaq then.
        On 15th August this month, PM Modi in his speech from Red Fort had said,  “The women are facing much predicament because of Triple Talaq system; because of sufferer sisters of this divorce system have stood a protest campaign; Media helped them.” I welcome all the sisters who have carried out a protest campaign against this system; whole Country will help them.
Triple Talaq system has been banned exactly after the decision of Court came: it means from tuesday if a muslim Man says ‘Talaq...talaq...talaq’: it won't be recognised.




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